Future of Lake gay-straight club still murky despite new rule

New rules come after 14-year-old Bayli Silberstein's attempt to start a Gay-Straight Alliance

May 13, 2013|By Erica Rodriguez, Orlando Sentinel

In a narrow 4-1 vote, Lake County School Board members gave an preliminary OK to a rule that makes it even more unclear whether a controversial gay-straight club will be recognized as a campus club in the fall.

The new rule comes in the wake of 14-year-old Bayli Silberstein's effort since November to establish a Gay-Straight Alliance student club at Carver Middle School in Leesburg. The club has been temporarily allowed to meet until the end of school June 7 as part of a consent agreement after the American Civil Liberties Union filed a lawsuit against the board, superintendent and school principal on Bayli's behalf.

School Board members Tod Howard, Bill Mathias, Debbie Stivender and Chairwoman Kyleen Fischer voted in favor of a new middle-school policy that allows clubs that promote critical thinking, business, athletics and arts. Board member Rosanne Brandeburg voted against the rule,calling it "confusing," "open to interpretation" and something thatwould open the district to lawsuits.

School Board attorney Steve Johnson contends that the middle school gay-straight club "does not fit" the criteria,while board member Mathias — who opposed the middle school club — believes it could. School district spokesman Chris Patton said whether the club is allowed under the new rules would be "based on their application."

Johnson said other clubs that would not be allowed include the Fellowship of Christian Athletes, however, the group still could be allowed onto campus during non-class time.

Board members also approved rules that would allow high-school students to join clubs without parental consent and also OK'd keeping elementary campuses open to only school-sponsored clubs.

The school district is still in the midst of settling a lawsuit with the ACLU that contends that the School Board, the superintendent and Bayli's principal violated federal law,as well as the Bayli's First and Fourteenth Amendment rights,by not responding to her application — effectively denying it.

Several supporters spoke in favor of the club Monday,saying that it's needed to help prevent bullying of gay children,while others such as the Rev. Ken McDuffie of Praise Cathedral Church of God in Eustis advocated schools should not allow messages that push children to "prematurely" embrace "sexual identity" based on the demands from advocacy groups.

School Board members must take a second vote on the issue at another meeting after 28 days.